Lala Manmohan Das vs Official Liquidators Of Lower ...
Judges:
30 April, 1940·I should think, therefore that a charge, if it is not an immediate transfer, is at least an agreement to transfer when certain contingencies arise. The arguments which apply to charges in immovable property would apply by analogy to charges on other assets. The result is that the creation of a charg...
High Court Of Judicature at Allahabad
Gulab Devi vs Banwari Lal And Ors.
Judges:
25 April, 1940·2. It has been contended for the appellant that the mortgage deed was invalid and was not binding on the estate. It has been found by the learned Civil Judge that the mortgage was executed for the 'bhat' ceremony and that out of the mortgage money only Rs. 250 were spent on it. It has been contended...
High Court Of Judicature at Allahabad
Nanak vs Faqira And Anr.
Judges:
25 April, 1940·2. The defence was that the sale deed of 1876 was genuine, that the defendant had been in possession ever since that; time and that the suit was barred by limitation and by Section 42, Specific Relief Act; and a plea of title by adverse possession was also set up. The trial Court found for the defen...
High Court Of Judicature at Allahabad
Parbhu Nath Prasad vs Sarju Prasad And Ors.
Judges:
24 April, 1940·6. In Swaminatha Aiyar v. Rukmani Ammal (1920) 7 AIR Mad 88, it was held by the Madras High Court that an instrument which is executed with the intention of defeating creditors, but which passes no title, is not affected by the provisions of Section 53, T.P. Act; the transaction evidenced by the doc...
High Court Of Judicature at Allahabad
Sat Narain Lal vs Emperor
Judges:
22 April, 1940·Admit only on the question of sentence. Record need not be sent for. Bail refused. Realization of fine will not be stayed. 2. When the revision began before me today learned Counsel claimed that he had a right to address me not only on the sentence but also on the merits of the finding and his argum...
High Court Of Judicature at Allahabad
Chhatra Pati Pertab Bahadur Sahi vs Hari Ram Marwari
Judges:
19 April, 1940·Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of 12 years from- * * * * (b) where the decree or any subsequent order directs any p...
High Court Of Judicature at Allahabad
B. Bindraban Katiar vs Ganga Ram
Judges:
18 April, 1940·3. Learned counsel for the defendant-appellant pleads that a question of proprietary right was in fact in issue between the parties and that the view taken by the learned Judge of the lower Appellate Court is erroneous. Section 271, Clause (1) of Act 3 of 1926 provides that "if...in any suit or appl...
High Court Of Judicature at Allahabad
Dr. Jagdish Prasad vs Medical Council
Judges:
18 April, 1940·1. This is a second appeal by a plaintiff who has lost his suit in the two lower Courts partly on the ground that the Civil Court has no jurisdiction and partly on the ground that there are no merits in his claim even if the Civil Court had jurisdiction. The plaintiff is called Dr. Jagdish Prasad an...
High Court Of Judicature at Allahabad
Noor Mohammad And Ors. vs Zainul Abdin And Ors.
Judges:
17 April, 1940·2. According to the plaintiffs' version, as set out in para. 4 of their plaint, Mt. Khair-un-nisa acquired not only 14&farac 12; such shares in her own right upon the death of her husband but also the remaining 43&farac12; shares in lieu of her dower which, it is alleged, was at that date unpaid. It...
High Court Of Judicature at Allahabad
Sultan Ahmad Khan vs Jalaluddin And Anr.
Judges:
10 April, 1940·1. This is a plaintiff's appeal arising out of a suit for ejectment and damages under Section 40, Agra Tenancy Act. The parties are cosharers in a certain mahal, and the plaintiff claims to be the lambardar. He seeks to eject Mohammad Khan and Jalaluddin from certain plots which once, according to t...
High Court Of Judicature at Allahabad
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